Stephen D. Pahl and Louise A. Pahl - Page 8

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          legal services.  If he was a shareholder in Niesar Pahl, then               
          petitioners must take account of petitioner’s pro rata share of             
          Niesar Pahl’s income and certain other items.  Second, we must              
          determine whether petitioners failed to report an automobile                
          allowance in the amount of $6,500 received by petitioner from               
          Niesar Pahl in 1990.  Third, we must decide whether, in failing             
          to report such automobile allowance, petitioners were negligent.            
          II.  Was Petitioner a Shareholder In Niesar Pahl?                           
               Section 1366 requires a shareholder of an S corporation to             
          include in his gross income his pro rata share of the                       
          corporation’s items of income and deduction.  A shareholder of an           
          S corporation must include those items in his gross income in his           
          taxable year in which the taxable year of the S corporation ends.           
          Sec. 1366(a).                                                               
               Courts look to beneficial ownership, and not merely to legal           
          title, in order to determine whether a taxpayer is a shareholder            
          of a corporation for Federal income tax purposes:  “taxation is             
          not so much concerned with the refinements of title as it is with           
          actual command over the property taxed--the actual benefit for              
          which the tax is paid.”  Frank Lyon Co. v. United States, 435               
          U.S. 561, 572 (1978) (quoting Corliss v. Bowers, 281 U.S. 376,              
          378 (1930)).  We have described in the following terms the                  
          inquiry necessary to determine whether, by purchase, an                     
          individual has become the owner of shares of stock of a                     
          corporation.                                                                




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